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Films and Publications Act, 1996 (Act No. 65 of 1996)

Regulations

Films and Publications Regulations, 2022

Schedule 1

Part 8: Procedure for Classification of Publications, Films and Games

22. Procedure for classification of publications, films and games by classification committee

 

(1) Every member of a classification committee shall, in respect of every publication, film or game referred to that classification committee for classification—
(a) examine such publication, film or game in its entirety, except with respect to child pornography, having regard to section 16(4) and (6), with regards to the examination and classification of publications, section 18(3) and (5), with regards to the examination and classification of films or games, of the Act and the Classification Guidelines of the FPB;
(b) immediately after the examination of such publication, film or game, record his or her opinion in the classification report about the appropriate classification and rating of that publication, film or game, with reference to the Classification Guidelines of the FPB and the relevant sections of the Act; and
(c) immediately after completion of the classification report contemplated in sub-regulation (1)(b) together with other members of the classification committee, discuss such opinion on the appropriate classification or rating of that publication, film or game in order to reach consensus regarding the final classification and rating of that publication, film or game.

 

(2) When the members of the classification committee have reached consensus or made a majority decision, one of the classifiers shall record the consensus or majority decision of the classification committee in the final classification committee report, specifying the reasons for that decision with reference to the Classification Guidelines of the FPB and the relevant sections of the Act.

 

(3) Where a classification committee fails to reach consensus or make a majority decision, the classification committee must request the FPB, in writing in the final classification committee report, to appoint an additional classifier to that classification committee.

 

(4) Where the FPB, in response to a request by the classification committee, appoints an additional classifier to the classification committee, the publication, film or game to be classified must be regarded as not having been classified or rated and the procedures set out in sub-regulations (1) and (2) must apply afresh to that publication, film or game.

 

(5) Where, in the opinion of a classification committee, an expert opinion may be required for the proper classification or rating of a publication, film or game, the classification committee must request the FPB, in writing, to appoint an expert to assist the classification committee in the classification or rating of a publication, film or game.

 

(6) An expert appointed to assist the classification committee shall not be entitled to vote on the appropriate classification or rating of that publication, film or game, but may express his or her opinion, in writing, for the benefit of the classification committee.

 

(7) Where, in the opinion of a classification committee, a demonstration of a game is necessary for the proper classification or rating of that game, the classification committee must request the FPB, in writing, to arrange for such demonstration of that game to that classification committee.

 

(8) A member of the classification committee shall, at the end of examination and classification—
(a) collate all the reports of classifiers;
(b) ensure that every report has been duly signed by the relevant classifier; and
(c) submit all the reports to the classification office of the FPB, accompanied by the publication, film or game, if it is in a home-entertainment format.

 

(9) Every member of a classification committee must, treat as confidential all discussions, notes and reports related to the examination and classification of a publication, film or game referred to the classification committee and must not divulge any such information to the public or the applicant.

 

(10) If, after examination, the classification committee is satisfied that a publication contains material contemplated in section 16 (4)(a) or (b) of the Act, or a film or game contains material contemplated in section 18(3)(a) or (b) of the Act and in either instance a report containing such classification decision has been compiled, the classification decision must be referred to the Chief Executive Officer of the FPB to deal with the matter in terms of section 16(5) or (6) or section 18(4) or (5) of the Act, as the case may be.

 

(11) Where a publication, film or game has been classified, the distributor who applied for the classification of that publication, film or game must provide a classified copy thereof to the FPB, free of charge, in the format in which it will be distributed.